Stephen M. Quinlivan

Stephen M. Quinlivan

Stinson Leonard Street

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GAO Says Regulators Should Improve Transparency in Evaluating Banks’ “Living Wills”

GAO has issued a report which noted the FDIC and Federal Reserve have developed separate but similar review processes for determining whether a resolution plan, often referred to as a “living will,” is “not credible” or would...more

4/13/2016 - Bankruptcy Code Banks FDIC Federal Reserve GAO Living Will Transparency

Regulators Change Bank Audit Committee Duties as Audit Season Begins

The Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency issued an advisory to indicate their support for the principles and...more

1/22/2016 - Audit Policies Banking Sector Basel Committee BCBS Federal Reserve Regulatory Oversight

Fed Issues Final Rules on Emergency Lending

The Federal Reserve Board approved a final rule specifying its procedures for emergency lending under Section 13(3) of the Federal Reserve Act. Since the passage of the Dodd-Frank Act in 2010, the Board’s authority to engage...more

11/30/2015 - Dodd-Frank Federal Reserve Lending

Banking Regulators Adopt End-User Exemption for Swap Margin Requirements

New Margin Requirements - The Board of Directors of the Federal Deposit Insurance Corporation approved a final rule to establish margin requirements for swaps that are not cleared through a clearinghouse. This action is...more

10/23/2015 - Banking Sector Banks CFTC Commodities Exchange Act Compliance Dodd-Frank Farm Credit Administration FDIC Federal Reserve FHFA Financial Institutions Financial Markets Hedge Funds Margin Requirements Obama Administration OCC Regulatory Agenda Risk Mitigation SEC Securities Exchange Act Swap Dealers Swaps Terrorism Insurance

Agencies Provide Guidance On Seeding Period for Volcker Rule

The staffs of the agencies responsible for administering the Volcker Rule have again updated the Volcker Rule FAQs. A new FAQ notes that the rule implementing the Volcker Rule and the accompanying preamble make clear that a...more

7/20/2015 - Banking Sector Banks Dodd-Frank Federal Reserve Financial Institutions Investment Companies Proprietary Trading RICs Volcker Rule

Fed Eases Small Bank M&A Rules

The Board of Governors of the Federal Reserve Board has modified its Small Bank Holding Company Policy Statement to facilitate the sale of smaller community banks. Under the final rule, a holding company with less than...more

4/13/2015 - Bank Holding Company Community Banks Federal Reserve Final Rules

Interchange Fee Battle Comes to an End

The United States Supreme Court has denied a petition for a writ of certiorari in NACS, fka National Association of Convenience Stores, et al., v. Board of Governors of the Federal Reserve System. The denial effectively ends...more

1/22/2015 - Debit Cards Federal Reserve Interchange Fees Petition for Writ of Certiorari Retailers SCOTUS

Democrats Fend Off Changes to Volcker Rule and Derivative Matters

The political gamesmanship has begun. According to Maxine Walters “Republicans attempted to move a package of 11 bills that contained controversial changes to provisions relating to derivatives and Volcker rule. The...more

1/8/2015 - Bank Holding Company Covered Funds Derivatives Federal Reserve Legislative Agendas Political Parties Prudential Regulation Authority Volcker Rule

Fed Issues Volcker Rule FAQs

The Federal Reserve Board has issued FAQs on the Volcker Rule set forth in Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The FAQs mirror other FAQs issued by Office of the Comptroller of the...more

1/2/2015 - CFTC Dodd-Frank FDIC Federal Reserve OCC SEC Volcker Rule

Streamlined Regulation for Insurance Companies

The Insurance Capital Standards Clarification Act of 2014 has been presented to President Obama for signature. The bill will: Add language to Section 171 of Dodd-Frank to clarify that, in establishing minimum capital...more

12/16/2014 - Bank Holding Company Dodd-Frank Federal Reserve Insurance Industry Pending Legislation

More Small Bank Holding Companies to be Eligible for Regulatory Relief

A bill has been presented to President Obama for signature that will make more small bank holding companies eligible for regulatory relief. The bill directs the Federal Reserve to increase the qualifying asset threshold of...more

12/16/2014 - Bank Holding Company Federal Reserve Pending Legislation Regulatory Standards

Loan Syndicators Sue to Invalidate Risk Retention Rules

The Loan Syndications and Trading Association, or LSTA, is a not-for-profit trade association representing members participating in the syndicated corporate loan market. The LSTA has petitioned the United States Court of...more

12/1/2014 - Dodd-Frank Federal Reserve Risk Retention SEC Trade Associations

OIG Outlines Major CFPB Management Challenges

The Office of Inspector General, or OIG, of the Board of Governors of the Federal Reserve System has issued its first listing of major management challenges facing the CFPB. These challenges represent what OIG believes to be...more

10/31/2014 - CFPB Compliance Dodd-Frank Federal Reserve OIG Strategic Enforcement Plan

Regulators Approve Securitization Risk Retention Rule

Six federal agencies approved a final rule requiring sponsors of securitization transactions to retain risk in those transactions. The final rule implements the risk retention requirements in the Dodd-Frank Wall Street...more

10/23/2014 - CFPB Compliance Dodd-Frank FDIC Federal Reserve Risk Retention SEC

Fed Proposes to Repeal Rule Regarding Unfair or Deceptive Acts or Practices

The Federal Reserve Board has requested comment on a proposal to repeal its Regulation AA regarding unfair or deceptive acts or practices. The Dodd-Frank Wall Street Reform and Consumer Protection Act repealed the...more

8/26/2014 - Dodd-Frank Federal Reserve Regulation AA Repeal Unfair or Deceptive Trade Practices

Volcker Rule Has Vague Guidance About Prohibited Compensation

The so-called Volcker Rule, as required to be implemented by the Dodd-Frank Act, generally prohibits any banking entity from engaging in proprietary trading. The final rule has been adopted by the Office of the Comptroller...more

12/11/2013 - Compensation & Benefits Dodd-Frank Exemptions FDIC Federal Reserve OCC SEC Volcker Rule

Agencies Provide Model Template For Submission Of Tailored Resolution Plans

The Federal Reserve Board and the Federal Deposit Insurance Corporation, or FDIC, have released an optional model template for tailored resolution plans that certain firms will be submitting for the first time later this...more

9/9/2013 - Bank Holding Company FDIC Federal Reserve Nonbank Firms Proposed Regulation

Court Invalidates Interchange Fee Rules Because Fed Completely Misunderstood Durbin Amendment

The United States District Court has invalidated the Fed’s Interchange Rules in NACS et al v Board of Governors of the Federal Reserve Board. ...more

8/1/2013 - Durbin Amendment Rules Federal Reserve Interchange Fees

Minneapolis Fed Quantifies Cost Of Increased Regulation For Community Banks

The Federal Reserve Bank of Minneapolis has published a study that seeks to quantify the cost of increased regulation on community banks. ...more

6/6/2013 - Community Banks Cost Allocation Federal Reserve Regulation

Fed Approves Rule Defining When A Company Is “Predominantly Engaged In Financial Activities”

The Federal Reserve Board has approved a final rule that establishes the requirements for determining when a company is “predominantly engaged in financial activities.” The requirements will be used by the Financial Stability...more

4/8/2013 - Bank Holding Company Dodd-Frank Federal Reserve Final Rules Financial Actvities FSOC Nonbank Firms

FTC Report On Interchange Fees Addresses Community Banks

The Dodd-Frank Wall Street Reform and Consumer Protection Act amended the Electronic Fund Transfer Act, or EFTA, to restrict interchange fees and to prohibit exclusive networks for debit card transactions. The Federal Trade...more

12/28/2012 - Debit and Credit Card Transactions Dodd-Frank EFTA Federal Reserve FTC

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